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HomeMy WebLinkAbout2.0 Resolution 80-133){. STATE OT'COLORADO Corrnty of Garfield l" At a............,..,.....f.99.U.1.9,!:.,...........,........,,.,,.meeting of the Board of County Commissioners for Garfield County, Colorado, " "":Jvne' - -- fiirri?alE, loiruJ:::::::::: commissioner chairman ...........t.e1:[,y...Yg.Lg.s.q!,t.9.L.................... , commissioner . AiihIi l.; A$iiiqn-qi P; .tr; . .: :.. ::: . :Nenev-:-qPiisl ?e.i-e; -qiPs-ti- when the following proceedings, among others were had and done, to-wit: RESOLUTIOII NO. BO-I33 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDiVISION REGULATIONS FOR RIFLE LAND AND CATTLE AND RONALD JOHNSON WHEREAS, Rjfle Land and Cattle and Ronald Johnson have petitjoned fhe Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivi'sion" and "subd'ivided land" under C.R.S. .|973, 30-28-l0l (.l0) (a)-(d), as amended, and the Subdivision Regulat'ions of Garf ield County, Co]orado, adcpied Janua ry 2, i979, Sections 2.02.?1 (d) and 3.02.0.l for the division of a 80.63 acre tract described as follows: as described in the deed with the Reception Number 265890 as recorded in the 0ffice of the Clerk and Recorder of Garfieid County, Colorado into 2 tracts of approxi- nntely 68.6.I and ,I2.02 acres each, more or less, which proposed divided tracts are npre particularly described as follows: Tract A: A parcel of land situated in the SE%Nl^I%, NE%Stl%, and the N%SE% of Section 34, Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, lying taster'ly of the Eas'"er1y righi-of-way f i,ne of County Road !'{o- 33.I, said Parcel No. I is nrore fu11y described as follows: Beginning at an iron pipe with an aluminum cap^proDer'iy marked for the Center of said Section 34; thence N.89".l9'06"E. along the East-West Centerline of said Section 34, 2541.51 feet to the East Quarter Corner of said Section 34; thence S.00040'.I9"E. 13.l7.76 feet along the Easteriy line of said Section 34; thence S.99022,.15',14. aiong the Southerly'line of said NI-.SE%, .l0.l8.80 feet to a point on the Southwesterly line of a 60 foot road and utility easement; thence N.1lo3l'07"hl. 60.2? feet along said easement line; thence N.67040'38"W. 231.62 feet along said ease- ment line to a point in the center of a small irrigation ditch; thence along the centerline of sa'id ciitch,-N.69022'30"t^I. .l53..l0 feet along iaid easement line; thence^N.5Bol5'20"1^l . 177.56 feet a'long said easenent line; thence N.4.I"24'.l3"l^I. l00.lB feet along said easement line; thence S.50o58'00"Id. 53..l.l feet; thence s.77059',48"l^l. 196.05 feet; thence N.85023',03"l^J. .l92..l7 feet; thence N.38o3Cl'431'l^J. 1?6.69 feet; thence N.00042'06"E. 56.43 feet; thence N.27o?2'56"E. 56.00 feet to a point on said easement line; thence leaving sa'id centerline ditch, l^!est, along said easement line 544..l8 feet to a point on sqid right-of-way line; thence along sajd right-of-way 1 i ne, N.00u33'54"W, .I 95.0-l feet; thence 2.l,l.03 feet along tfe arc of a curve to the left, having a radi us of 408. 577 feet , the, chord of whi ch bears : N. I 5o2l '4.l "W. 208.69 feet; thence N.30009'29"1,,1. .l85.00 feet; thence 284.48 feet along the arc of a curve to the right, having a radius of 295.645 feet, the chord of which bears: N.02035'30"W. ?73.64 feet; thence 407.83 feet along the arc of a curve to the left,_having a radius of 1767.639 feet; the chord of which bears: N.l8o2l'55"E. 406.92 feet to a point on the North-West Centerline^of said Section 34, thence, leaving said right-of-r,iay line, S.00'33'54"E. along said North-South Centerline 434.34 feet to the Center of said Section 34, the po'int of beginning. Com:nissioner County Attorney Clerk of the Board The above described Parce'l No. I contains 68.61 acres, more or less. Tract B: A parcel of land situated in the SEkSEla of Section 34, Township 6 South, Range 92 l^lest of the Sixth Principal Meridian, Garfiel d County, Colorado, lying Easter'ly of a fence as constructed and in place and Northerly of the centerline of the Multa Trina Ditch, said Parcel t'Io.5 is nrore fu11y described as fol I ovts : Beginning at the Northeast Corner of said S[%SE% whence the South- eait Corner of said Section 34 bears: S.00040'.l9"E. -l3.l7.76 feet; thence S.00040'.l9"E. a'long the Easterly line of said Sect'ion 34, 618.96 feet to a pofnt in the center of said ditch; thence, along said centerl'ine Aitcfr, N.33o57'00"1,,l. .l03.78 feet; thence^N.63004'53"W. 19.79 feet; thence S.82045''l7"[.,. 30.04 feet; thence S.63:59'30"1^J. 43.15 feeti thence s.76028'07"I^l. 30.47 feet; thence N.76u39'4.l"hl. 40.84 feeti thence N.83009'20"1.1. ll8.l4 feei; thence s.89036'52"1,1. 46.62 feet; thence S.6500l '2] "lll. 33.30 feet; thence S.5Bu34'l I "t,^J. I.l5.99 feet; thence S.370$'50"t^J.48.6.l feet; thence S.50003'.l9"Inl. 32.14 feet; thence S.43:36'O?"vl. 53.59 feet; thence s.68:20'52"1^I. 30.57 feet; thence N.2.|"57'03"W. 65.68 feet; thence N.41'^22'05"1^1. 73.98 feet; thence N.47ol I ' I I "hl. 35. 84 feet; thence N .57u40 '4.] "l,I. 59.72 feet; thence N..l6958'l0"hl. 3l .35 feet; thence N.03948'22"E. 36.77 feet; thence N.27u35'53"t^l. 29.06 feet; thence N.4.l"?6'23"lr1. 132.24 feei; thence N.85006'23"t^I. 58.09 feet; thence S.?loll'57"1''l. I3.34 feet; thence, leaving said centerline d'itch, N.20"16'55"hI. 54.97 feet; thence N.llo31i07"tl. along said fence, 300.8.l-feet to a point on the Northerly line of said SE%SE%; thence N.89022'.I5"E. along the Norther'ly line of said SE%SE\,10i8.80 feet to the point of begi nn'ing. The above described Parcel No. 5 contains .l2.02 acres, more or less. I^IHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Conrmissioners of Garfield County, Colorado, that the proposed division does nb'u fall within the purposes of Pqrt 1, Artic'le 28, Title 3C, 'Jolorado Revised Statutes 1973, as amended, for the reascn that the impact created is not great enough to warrant a full subdivision review; and h,HEREAS, the Petitioners have denronstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating dornestic water on each of sajd tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks wiil be permitted by the Colorado Departnrent of Health, that the requested division is not part of an existing or larger development and does not fall within the genera'l purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definit'ion of the terms "subdiv'ision" and "subdivjded land" as set forth in C.R.S. .l973,30-28-.I01 (.l0) (a)-(d), as amended; N0t^l, THEREF0RE, BE IT RESQLVED that the division of the above described tracts "A" and "8" from the above described 80.63 acre tract is hereb.y exempted from such definitions and said tract may be divided into tracts "A" and "8", all as is rnore fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and reguiations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the \ . Petitioners that no further exemptions be allowed on said tracts "A" and',B,,,and-that a copy of the instrunent or instruments of conveyance when recordedsha'll be filed with this Resolution. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: upon motion ':::..:::..:::..::f;,".;X,tri i"iffi:rl6'I.li::.:::.:':,*.::..::..ff-'", I ..........,-.Aya Commissioners STATE OF COLORADO County of Garfield I, .........,........, County Clerk and ex-officio Clerk of thc Board of County Comrnissioners ln and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records ot the Proceeding of t}te Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, A. D. 19.............. Couuty Clerk and ex-officio Clerk of the Board of County Commissioners. f" of the Boa Commi ss ioners Garfie'ld County, Colorado this.................... day of ................